How does the arbitrary and capricious standard compare to other legal standards of review?
Arbitrary-and-capricious review is highly deferential: courts uphold an agency if it examined relevant factors and reasonably explained its choice, even if judges might decide differently. It is generally less searching than de novo review and often more flexible than substantial-evidence review, while overlapping with abuse-of-discretion principles. This article contrasts these standards and explains when each […]
